What Legal Remedies Are Available If Someone Infringes on Your Trademark or Brand in India?

Let’s say you have spent years and resources to develop and build your brand. You have put in all that time, money, sweat, tears, and imagination to come up with your business’s sign, name, and/or slogan. And one day, you come across someone out there selling their products using your brand. This is more than just unfair—it is, quite clearly, a case of trademark infringement, and Indian law will provide you with huge remedies to stop it.

This article sets out what your legally permissible options are if someone out there copies or exploits your trademark and/or brand in India. Don’t fret—we’ll break it all down for you.

What Is a Trademark and Why Does It Matter?

A trademark is any unique word, phrase, name, logo, or design that distinguishes your goods or services from others or helps customers identify them. For example, Nike, Amul, and Tata are trademarks!

When you register a trademark, you have exclusive legal rights over that word, phrase, or symbol in your business sector. This means no one else can use it without your permission.

What Is Trademark Infringement?

Trademark infringement occurs when a mark identical or confusingly similar to your registered trademark is used without authorization and would likely cause confusion among consumers.

For example: Suppose you own a coffee business called "RAGAS COFFEE" and another retailer opens as "RAGA COFFEES" with similar packaging or design style. In that case, consumers might believe there is a company with both brands. That would be an infringement.

Legal Remedies Available in India

Here are the main legal steps you can take if someone is infringing your trademark:

1. Send a Cease and Desist Notice

Before heading to court, the first step is typically a legal notice called a "cease" letter.

This is a formal notice that warns the infringer to stop using your trademark right away.

• It explains your legal rights.

• Demands that the infringing activity cease

• Warns of legal action if they ignore you

Many people stop infringements only out of concern for future complications after receiving a legal notice.

2. File a Civil Suit for Trademark Infringement

If the infringer continues or engages in such infringement after you have asked them to stop, you can file a case against them in a civil court under the Trade Marks Act, 1999.

You can apply to the court for:

a) Injunction (Stop Order):

The court can make an order to stop the infringer immediately from using your trademark.

b) Damages or Profits:

You will be entitled to compensation for the harm and losses caused to your brand or the profit the infringer made in using your mark.

c) Seizure of Goods:

The court can order the infringer to forfeit (destruction of) the counterfeit goods using your mark.

3. Criminal Action

Under Indian law, trademark infringement can also be a criminal offense. You can either file a complaint with the police or approach a magistrate.

Sentence and/or punishment can include:

• Imprisonment (3 years max)

• Fine (up to ₹2 lakh or more)

• Seizure of the fake goods

This is useful if the infringement is serious and intentional.

4. Approach the Trademark Office

If the infringer has made an application to register a similar trademark, you can oppose it at the Trademark Registry. You must oppose it within 4 months of the application being published in the Trademark Journal. Even if they have already registered it, you can apply to cancel or remove the registration if you can prove it is too similar to yours.

Do You Need to Register a Trademark First?

Yes. Although Indian law offers varying degrees of protection to unregistered trademarks in common law (by way of “passing off”), the process of enforcing infringement is much easier and stronger when you have a registered trademark.

Under passing off, you must prove that:

• You have established your brand in the market;

• The infringer is misrepresenting their goods as yours; and

• You have suffered damage as a result of this misrepresentation.

Proving those elements is more difficult than proving infringement of a registered trademark. So it’s always better to have a trademark application registered with the Indian Trademark Office.

Important Case Examples

1. FMI Limited v. Midas Touch Metalloys Pvt. Ltd. (2024) (2024 SCC OnLine Del 2349):
The Delhi High Court held that the marks “INDI” and “INDEED” were phonetically similar and likely to confuse the public, thereby amounting to infringement. Minor orthographic differences were deemed immaterial in light of phonetic closeness.

2. Swiss Bike Vertriebs GmbH (Raleigh) v. Reliance Brands Ltd. (2024) (2024 SCC OnLine Del 3112):
The Delhi High Court restrained the use of “RALLEYZ” for bicycles, finding it phonetically and visually similar to “RALEIGH.” The court emphasized the likelihood of confusion, especially when the goods were identical.

3. KRBL Ltd. v. Praveen Kumar Buyyani & Ors. (2025) (2025 SCC OnLine Del 1225):
The Delhi High Court (Commercial Division) found “BHARAT GATE” deceptively similar to “INDIA GATE” for rice products. The court granted interim relief due to the plaintiff's established goodwill and consumer association with the mark.

4. Burberry Limited v. Sunil B. Sharma (2025) (2025 SCC OnLine Patiala 58):
The Patiala District Court permanently restrained the use of “RF BROWNBERRY,” holding it to be deceptively similar to the luxury brand “BURBERRY.” The court awarded damages and emphasized the importance of brand reputation and consumer perception.

How to Avoid Trademark Problems Yourself

To protect your brand:

• Register your trademark early.

• Monitor the market for copycats.

• Use the ® symbol once registered.

• Take action as soon as you see misuse.

Also, avoid choosing brand names that are too generic, descriptive, or similar to existing trademarks.

In conclusion, your brand is among your greatest assets. If someone misappropriates or even unfairly uses it, there's ample remedy under Indian law.

Think about beginning with a cease and desist letter. If that doesn't work, you can pursue civil or criminal actions to stop the infringer, seek damages, or even punish them. If your mark is the subject of registration, the available remedies are more extensive, and they are significantly easier to establish.

Also, don't wait for something bad to happen. Register your trademark and be vigilant. Ultimately, protecting your brand means protecting your business.